Cape v. Francis’s Empirical Analysis
741 F.2d 1287 · 1984
Citation profile
39 federal appellate · 1 district · 16 state decisions
How this case has been cited
Cited by 74 later decisions — most recently September 2022 · most notably Waters v. Thomas (1995), United States v. Bailey (1997)
39 federal appellate · 1 district · 16 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Strickland v. Washington · Miranda v. State of Arizona Vignera · Chapman v. State of California · In the Matter of Samuel Winship · United States v. Wade
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 74 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[i]t is enough that the psychiatrist based his expert opinion on the contents of responses by a defendant who had not been given proper warnings and had not had an adequate opportunity to consult with counsel.”
3 later decisions quote this exact passage · from the majority“The mere fact that other witnesses might have been available or that other testimony might have been elicited from those who testified is not a sufficient ground to prove ineffectiveness of counsel.”
3 later decisions quote this exact passage · from the majoritye.g. Burger v. Kemp · Foster v. Dugger“[i]n retrospect, one may always identify shortcomings,”
3 later decisions quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.